1. Acceptance of These Terms
By accessing or using the Site you (1) acknowledge that you have read and understood these Terms and (2) agree to be bound by them and by all applicable laws and regulations. These Terms apply to all visitors, users, and others who access or use the Site.
2. Eligibility & Geographic Scope
The Site is intended for users located in the United States, primarily Utah and the surrounding region. By using the Site you represent that you are at least 18 years old, or that you are using the Site under the supervision of a parent or legal guardian. The Site is not intended to constitute the offering of medical services in any jurisdiction in which 5D Cancer Services is not authorized to do business.
3. Informational Purpose Only
Information on the Site — including descriptions of conditions we treat, treatment modalities (such as adaptive radiotherapy and SBRT), the Akesis Gemini 360 system, FAQs, statistics, and clinical-data summaries — is provided for general educational purposes only. It is not a substitute for the medical advice, diagnosis, or treatment of a qualified health-care professional. You should always consult a licensed physician about your specific medical condition.
4. No Doctor-Patient Relationship
Use of the Site, including contacting us by phone or email, does not create a doctor-patient relationship between you and 5D Cancer Services or any individual clinician. A doctor-patient relationship is established only after you are formally accepted as a patient and seen by one of our clinicians, in accordance with applicable Utah law.
5. No Emergency Services
The Site is not designed to support emergency communications or to deliver urgent care. If you are having a medical emergency, dial 911 or go to your nearest emergency department. Do not call or email us expecting an immediate response in an emergency.
6. FDA Clearance & Device-Related Statements
References on the Site to the Akesis Gemini 360 describe a medical device manufactured by Akesis, Inc. The system is described as having received U.S. Food and Drug Administration (FDA) clearance — including 510(k) clearance and FDA Breakthrough Device Designation — for the indications cleared by the FDA for that device. FDA clearance is not an endorsement, and clearance does not imply that the device is safe or effective for every patient or every indication.
Statements on the Site regarding the device's capabilities, indications, contraindications, warnings, and precautions are based on information made available by the manufacturer and are intended for informational purposes only. Patients should consult our clinicians regarding whether a particular treatment is appropriate for their individual condition. For the most current FDA-cleared labeling and indications for the device, refer to the manufacturer's labeling and the FDA's public databases at fda.gov.
7. Outcomes, Statistics & Results Disclaimer
Any clinical statistics, success rates, treatment durations, side-effect profiles, or patient stories presented on the Site are based on published literature, manufacturer data, or generalized practice experience and are not a guarantee of any particular outcome for you. Individual results vary based on diagnosis, stage, prior treatments, comorbidities, and many other factors that only your clinician can assess.
8. Requesting an Appointment
We do not accept appointment requests through any form on this Site. To request an appointment or speak with our team, please call us at (435) 900-7060 or email info@5dcancerservices.com. Contacting us does not by itself confirm an appointment — confirmation will be made by phone or other direct communication. Please do not transmit sensitive medical information through standard email; call us if you wish to share that information through a more secure channel.
Please do not send Protected Health Information (PHI) by email or voicemail. Standard email is not secure — call us and we will arrange a secure channel.
9. Email, Texts & Electronic Communications
By providing your phone number or email, you consent to receive transactional and care-coordination communications from us related to your inquiries and care (for example, appointment reminders, consultation follow-up, billing, or treatment-related messages). Standard message and data rates may apply. You may opt out of non-transactional marketing messages at any time by replying STOP to a text message or by contacting us using the information in Section 23. Opting out of marketing does not stop care-related communications you have requested.
10. Intellectual Property & Trademarks
All content on the Site — including text, graphics, photographs, video, audio, illustrations, logos, page layouts, and software — is owned by 5D Cancer Services or its licensors and is protected by U.S. and international copyright, trademark, trade-dress, and other intellectual-property laws. "5D Cancer Services" and our logo are trademarks of 5D Cancer Services. Third-party marks (including "Akesis," "Gemini 360," and the Akesis logo) are the property of their respective owners. Except as expressly permitted, you may not copy, modify, distribute, sell, lease, publicly display, or create derivative works of any part of the Site without our prior written permission.
11. User Content & Submissions
Any information, comments, or materials you submit to us through the Site (other than PHI, which is governed by our HIPAA Notice) you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, and display for our business purposes, subject to applicable law and our Privacy Policy. You represent that you have the right to grant this license and that your submissions do not infringe the rights of any third party.
12. Acceptable Use
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Interfere with or disrupt the Site, its servers, or networks connected to it.
- Attempt to gain unauthorized access to any portion of the Site or related systems.
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose.
- Reverse engineer, decompile, or disassemble any portion of the Site.
- Submit content that is unlawful, harassing, defamatory, false, or that infringes another's rights.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
13. Third-Party Sites & Services
The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party site. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by or alleged to be caused by your use of any such site.
14. Accessibility
We strive to make the Site accessible to people with disabilities, consistent with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where reasonably feasible. If you experience any difficulty accessing content on the Site, please contact us using the information in Section 23 so that we can assist you and address the issue.
15. Disclaimer of Warranties
The Site and all content on it are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components.
16. Limitation of Liability
To the fullest extent permitted by law, in no event shall 5D Cancer Services, its affiliates, or its or their respective directors, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of, or inability to use, the Site — even if we have been advised of the possibility of such damages. Our aggregate liability for all claims relating to the Site shall not exceed one hundred U.S. dollars ($100). Nothing in these Terms limits our liability for medical malpractice, gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.
17. Indemnification
You agree to defend, indemnify, and hold harmless 5D Cancer Services and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms, (b) your use of the Site, or (c) your violation of any rights of a third party.
18. Governing Law & Venue (Utah)
These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Utah, without regard to its conflict-of-laws provisions. Subject to Section 19, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Washington County, Utah, for any dispute not subject to arbitration.
19. Dispute Resolution & Arbitration
We hope to resolve any dispute informally — please first contact us using the information in Section 23. If we cannot resolve a dispute informally within sixty (60) days, the dispute shall be finally resolved by binding individual arbitration administered by a recognized arbitration provider in accordance with its rules then in effect, with the seat of arbitration in St. George, Utah, and conducted in English. You and we waive any right to a jury trial. Class actions and class-wide arbitration are not permitted. Notwithstanding the foregoing, either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive relief in court for intellectual-property infringement. This arbitration provision does not apply to any claim that cannot be arbitrated by law, including any claim of medical malpractice to the extent prohibited by applicable Utah law.
20. Termination
We may suspend or terminate your access to the Site at any time, with or without cause or notice, including for violation of these Terms. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution — will survive.
21. Severability & Entire Agreement
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and HIPAA Notice of Privacy Practices, constitute the entire agreement between you and us regarding your use of the Site and supersede any prior or contemporaneous communications regarding the Site.
22. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. Material changes will be communicated through prominent notice on the Site. Your continued use of the Site after the effective date constitutes acceptance of the updated Terms.
23. How to Contact Us
St. George, UT 84790